Opinion
February 21, 1978
Appeal from the Civil Court of the City of New York, County of Kings, NANETTE DEMBITZ, J.
Goidel, Goidel Helfenstein, P.C. (Alvin I. Goidel and Bruce S. Leffler of counsel), for appellant.
William J. Brennan, amicus curiae.
MEMORANDUM.
Judgment of the court below ( 90 Misc.2d 259) affirmed, without costs.
In this small claims action, plaintiff established his cause of action for breach of contract. The defendant failed to establish its defense of accord and satisfaction (see Matter of King Metal Prods. v Workmen's Compensation Bd., 20 A.D.2d 565). Moreover, in view of the undisputed facts contained in the record, it cannot be said that the court's opinion was affected by its consultations with a Federal agency. We are, thus, of the opinion that substantial justice has been done between the parties (CCA, § 1807).
Concur: PINO, P.J., and WEINSTEIN, J.; RINALDI, J., taking no part.